The Bill contains reform measures amending the
Commonwealth Electoral Act 1918 (the Electoral Act) and the
Referendum (Machinery Provisions) Act 1984 (the Referendum
Act), arising from the Government response to the Joint Standing
Committee on Electoral Matters’ (JSCEM) report on the 2001
federal election. The Government response was tabled in
Parliament on 16 October 2003.

The Bill includes amendments of the Electoral
Act and the Referendum Act contained in the Electoral and
Referendum Amendment (Roll Integrity and Other Measures)
Bill 2002 which is currently before the Parliament. That
Bill gave legislative effect to the Government response to the
JSCEM’s report on the 1998 federal election. The
response to that report was tabled on 1 March 2001.

Measures that implement the Government
response to recommendation 5 of the JSCEM's report on the integrity
of the electoral roll: User Friendly, Not Abuser Friendly
are included in this Bill. The response was tabled on 4
October 2001.

The main amendments
will:

·
allow for the making of regulations requiring proof of identity or
address for applicants for enrolment, or applicants wishing to
change their enrolment details;

·
allow for the making of regulations for similar proof of identity
and address requirements for electors claiming a provisional vote
because their names do not appear on the certified list on election
day;

·
enable the Australian Electoral Commission (AEC) to obtain
information from prescribed State and Territory officers in
relation to the proof of identity and address arrangements;

·
allow for the close of rolls for new electors to be 6.00 pm on the
day on which the writ for an election is issued, and 8.00 pm three
working days after the issue of the writ for those amending their
enrolment details;

·
introduce enrolment based on residence at an address in a
subdivision;

·
include the sex and date of birth of electors on the certified list
as a check on identity when voting;

·
remove the right to vote from prisoners serving a sentence of
full-time detention;

·
increase a number of financial disclosure thresholds to $3,000;

·
allow registered political parties and independent members of
parliament to be provided, on request, with certain information
about where electors voted on election day;

·
remove the requirement for broadcasters and publishers to lodge
returns with the AEC on electoral advertising during an election
period; and

·
increase the penalty for multiple voting and make each additional
vote a separate offence, as well as increase the penalty for false
witnessing of enrolment forms.

The Bill includes a number of other amendments
including restricting scrutineers’ activities in relation to
assisted votes, reinstatement on the roll, and registration of
party names.

FINANCIAL IMPACT
STATEMENT

The early close of rolls is estimated to cost
$50,000 in an election year and $250,000 in a non-election
year. This would cover the cost of a targeted information
campaign to ensure that electors are fully informed of the
requirements of the new provisions.

Implementation of proof of identity and
address at enrolment is estimated to cost $2.2 million in
2003-04, $3.8 million in 2004-05, $2.7 million in 2005-06,
$2.3 million in 2006-07 and $2.4 million in
2007-08. These funds will cover the cost of establishing
technology links with State and Territory databases, roll
management system redesign and roll out, staff training, new
enrolment forms, and an information campaign to inform electors of
the new enrolment requirements.

It is estimated that the cost of
implementation of proof of identity and address for provisional
voting will be $0.8 million in 2004-05 and $0.9 million
in 2007-08. These funds will cover the redesign of the
certified lists, the redesign of the declaration certificate for
provisional voting, staff training, and additional staff for
polling booths.

2.
This clause sets out the commencement provisions for the
Bill. Sections 1 to 3 and item 103 of Schedule 1 will
commence on the day the Bill receives Royal Assent.

3.
Items 1 to 4 of Schedule 1 commence on the later of the
28 th day after the Bill receives Royal Assent or the
commencement of item 3 of Schedule 1 to the Electoral and
Referendum Amendment (Access to Electoral Roll and Other Measures)
Act 2004 .

4.
The following items of Schedule 1 commence on Proclamation: 5, 9,
10, 12 to 13, 16 to 17, 19, 37, 42, 45, 62 to 63, 78, 106 to 109
and 116. The reasons for this commencement provision are
explained at the relevant items.

5.
Items 104 and 105 of Schedule 1 are taken to have commenced
immediately after the commencement of items 764 and 765 of
Schedule 1 to the Public Employment (Consequential and
Transitional) Amendment Act 1999 . That Act commenced on
5 December 1999. These items are technical in
nature (correct spelling errors) and it is envisaged that this
retrospective commencement date will have no detrimental
effect.

6.
The remaining items commence 28 days after the Bill receives Royal
Assent.

Clause 3 - Schedule(s)

7.
This clause provides that each Act specified in a Schedule is
amended or repealed as set out in the Schedule, and any other item
in a Schedule has effect according to its terms.

Schedule 1 - Amendments

Schedule 1 - I tems 1 to 4 - Provision of voting
information

8.
These items amend section 90B of the Electoral Act (as proposed to
be amended by the Electoral and Referendum Amendment (Access to
Electoral Roll and Other Measures) Bill 2004) to provide for
registered political parties, Senators who are not members of a
registered political party and members of the House of
Representatives who are not members of a registered political party
to obtain information, on request, about where electors voted at an
election. The information will be provided without
charge.

9. Items 1 to 3 amend the table at new
subsection 90B(1) to insert new entries which specify who is
entitled to receive the voting information.

10.
Item 4 amends new subsection 90B(10) to specify the information
which is to be provided to registered political parties and
independent members of parliament. The information includes
the names and addresses of electors who voted at an election,
whether each elector voted at a polling place or by some other
means, and if the elector voted at a polling place for the Division
for which they are enrolled, the location of that polling
place. Information about itinerant, overseas and silent
electors will not be provided.

11. This amendment was foreshadowed in the
additional comments contained in the Government response to the
JSCEM's inquiry into the 2001 federal election and is based on
section 123 of the Victorian Electoral Act 2002 .

Schedule 1 - I tem 5 -
Access to State and Territory databases for the purposes of
checking the identity and address of applicants for enrolment

12. Subsection
92(1) of the Electoral Act contains a demand power for the AEC to
obtain information from all Australian Government and certain State
and Territory Government agencies for the purpose of preparing,
maintaining or revising the rolls.

13. Item 5
amends subsection 92(1) to include prescribed officers of State and
Territory Governments among those from whom the AEC can obtain
information. The amendment is consequential to the proposed
amendments which provide for regulations to be made to require
applicants for new enrolment and those wishing to change their
enrolment details (names or addresses) to provide proof of identity
and address. Those provisions are discussed in more detail at
paragraphs 61 to 69 and 102 to 105 below.

14. The
Government response to recommendation 1 of the JSCEM's inquiry into
the 2001 federal election indicated that the implementation of the
recommendation would take place in consultation with the States and
Territories. This amendment will
allow the AEC access to relevant State and Territory databases,
such as driver’s licence databases, to verify the identity
and address of applicants for enrolment once agreement has
been reached with the States and Territories on a common proof of
identity and address scheme.

15. This
amendment will commence on proclamation with other provisions
relating to proof of identity and address contained in this
Bill.

16. This
amendment gives effect to the Government response to recommendation
1 of the JSCEM report on the 2001 federal election.

17. Items 6 to
7 amend section 93 and item 18 repeals section 96A of the
Electoral Act to remove the right to enrol from all persons
serving a term of imprisonment for an offence against the law of
the Commonwealth or a State or Territory. Under the current
provisions, people serving a sentence of five years or longer are
not entitled to enrol and vote. For clarity, item 7 includes
an express definition of a person ‘serving a sentence of
imprisonment’ in section 93.

18. Only
people who are serving a sentence of full-time detention will no
longer be eligible to enrol and vote. People being detained
on remand, those serving alternative sentences such as periodic or
home detention, those serving a non-custodial sentence or people
released on parole may still be eligible to enrol and vote.

19. Item 26 is
an amendment that removes from subsection 99(3) a reference to
section 96A, as this section will be repealed by item 18.

20. Item 46
amends section 109 of the Electoral Act which requires the
Controller-General of Prisons to forward to the AEC the list
of convicted prisoners imprisoned for five years or longer for any
offence. The amendment will ensure that details of all
prisoners serving a sentence of full-time detention will be
forwarded to the AEC.

21. Item 71
amends the grounds for applying for registration as a general
postal voter in section 184A of the Electoral Act to clarify that
prisoners within the meaning of new subsection 93(8) are not
eligible to register as general postal voters.

22. Item 95
amends clause 9 of Schedule 2 of the Electoral Act, and item 126
amends clause 9 of Schedule 3 of the Referendum Act, to provide
that a person will no longer have a ground to apply for a postal or
pre-poll vote where he or she is serving a sentence of
imprisonment.

23. These
amendments give effect to the Government response to
recommendation 24 of the JSCEM report on the 1996 federal
election.

24. These
items amend the Electoral Act to provide that electors must be
living at an address in a subdivision, and have lived at that
address for at least a period of one month in order to be entitled
to have their name placed on the roll. These amendments
implement the Government response to recommendation 7 of the
JSCEM's report on the 1998 federal election.

Enrolment in respect
of an address

25. Items 20 to
25 and 34 to 36 amend sections 99 and 102 of the Electoral
Act to
provide that an elector’s entitlement for enrolment will be
in respect of residence at an address within a subdivision (rather
than just residence within the subdivision), and the
elector’s name will be placed on the roll in respect of
residence at that address.

26. Items 8 and
11 will amend sections 94A and 95 of the Electoral Act
which deals
with the entitlement to enrolment for persons applying from
overseas under section 94A, and the spouse or child of an
eligible overseas elector applying for enrolment under section
95. These amendments are consequential to the amendments that
will provide that enrolment will be in respect of an address within
a subdivision. Electors who enrol from overseas or who enrol
as a spouse or child of an eligible overseas elector are placed on
the roll for a subdivision only, not for a particular address
within a subdivision. This will not change under the proposed
amendments. The amendments simply update the entitlement
provision from requiring notional residence in a subdivision to
requiring notional residence at an address. Accordingly,
persons applying for enrolment under sections 94A or 95 will be
entitled to enrolment within a subdivision where they satisfy the
criteria outlined in section 94A or 95, and are not qualified for
enrolment but would be qualified if they resided at an address
within a subdivision and had done so for at least a month.
These amendments have no substantive effect on how applications for
enrolment from outside Australia or as a spouse or child of an
eligible overseas elector are processed.

27.
Paragraph 95AA(1)(b) defines a ‘qualified Norfolk
Islander’ for the purposes of enrolment. Items 14 and
15 amend paragraph 95AA(1)(b) to refer to qualifications for
enrolment on the basis of residence at an address in a subdivision,
rather than residence within a subdivision alone.
Like eligible overseas electors, Norfolk
Islanders are placed on the roll for a subdivision only, not for a
particular address within a subdivision. These amendments are
consequential to the amendments that will provide that enrolment
will be in respect of an address within a subdivision. These
amendments have no substantive effect on how applications for
enrolment as a Norfolk Islander are processed.

28. Item 27 is
a consequential amendment to subsection 99(5) to provide that once
a person is enrolled, the validity of their enrolment cannot be
questioned on the grounds that, prior to applying for enrolment,
the person had not in fact lived at the relevant address in the
subdivision for a period of one month.

Enrolment in respect
of an address (provisional enrolment by applicant for citizenship
and age 17 enrolment)

29. Items 28
to 30 amend section 99A to provide that where a person is not
eligible for enrolment as the person is not an Australian citizen,
but has applied for citizenship (which is pending), and would
otherwise be entitled for enrolment in respect of residence at an
address within a subdivision, the person may make a claim for
provisional enrolment.

30. Item 31
amends section 100 to provide that where a person is 17 years of
age and would otherwise be entitled to enrolment in respect of residence at an
address within a subdivision if he or she were 18 years of age, the
person may make a claim to have his or her name placed on the
roll.

31. These
amendments are consequential to the proposed amendments at items 20
to 25 and 34 to 36 providing that enrolment will be in respect of
an address rather than for a subdivision.

Compulsory Transfer of
Enrolment

32. Item 32
repeals and substitutes a new subsection 101(5) of the Electoral
Act to provide that where an elector changes his or her place of
living from one address within a subdivision to another address
within the same subdivision, and has lived at the new address for a
period of one month, the elector must provide to the Divisional
Returning Officer written notice of the new address within 21 days
(that is, within 21 days after having resided at the new
address for one month).

33. Item 33
amends subsection 101(6) to change the penalty for failing to enrol
or advise a change of address within 21 days from $50 to
1 penalty unit.

34. These amendments are consequential
to the proposed amendments at items 20 to 25 and 34 to 36 providing
that enrolment will be in respect of an address rather than for a
subdivision.

‘Silent’
enrolment

35. Section 104
provides for an elector to apply for his or her address not to be
shown on the roll. Item 38 amends section 104 of the
Electoral Act to provide that where
the address of an elector is not shown on the roll due to a request
made under subsections 104(1) and (2) (also known as
‘silent’ enrolment), the person is still taken to be
enrolled for the ‘silent’ address.

36. This
provision is designed to ensure that, as a result of the proposed
amendments relating to enrolment in respect of an address, the
objection provisions work consistently across all enrolment
types. Where it can be shown that a person with
‘silent’ enrolment no longer lives at their enrolled
address (whether or not that address is actually shown on the
roll), and has not lived at that address for a period of at least
one month, an objection may be lodged against the person’s
enrolment.

Alteration of rolls

37. Items 39
and 40 amend subsection 105(1) to insert a new subsection that
allows a Divisional Returning Officer, in response to a written
notice given by an elector, to alter the original address of the
elector on the same subdivision roll.

Item 41 adds a new subsection 105(1A) which
states that where an address has been altered under paragraph
105(1)(ba) or 105(1)(h) of the Electoral Act, then the Electoral
Act has effect as if the elector’s name had been placed on
the roll in respect of the altered address.

38. Item 43
adds a new subsection 105(3A) which states that despite the effect
of subsection 105(3) of the Electoral Act, the address of the
elector must not be altered under paragraph 105(1)(ba) unless the
Divisional Returning Officer is satisfied that the elector has
lived at the new address for a period of at least one month.

39.
These amendments are consequential to the proposed amendments at
items 20 to 25 and 34 to 36 providing that enrolment will be in
respect of an address rather than for a subdivision.

Antarctic Electors

40. Item 47
inserts a definition of ‘Antarctic elector’ in Part IX
of the Electoral Act in subsection 113(1). The Part deals
with objections to the roll. The definition is the same as
that in Part XVII.

41. This is
consequential to the amendments at items 25 and 27 to 35 to ensure
that the AEC is not required to object to the enrolment of a person
registered as an Antarctic elector, as the AEC is aware that the
Antarctic elector will be absent from his or her enrolled address
for a period of time.

42. These
amendments are also consequential to the proposed amendments at
items 20 to 25 and 34 to 36 providing that enrolment will be
in respect of an address rather than for a subdivision.

Objections to enrolment

43. Items 48
to 57 amend sections 113, 114, 115 and 118 of the Electoral Act so
that an objection to an elector’s enrolment (whether an
official or private objection) can take place on the ground that
the elector no longer lives at their enrolled address, and has not
lived at their enrolled address for a period of at least one
month. Under current legislation, an elector’s
enrolment can be objected to on the ground that the person is not
entitled to be enrolled for the subdivision, that is, the elector
does not live in the subdivision and has not lived in the
subdivision for at least one month, or does not meet the enrolment
qualifications on other grounds.

44. These
amendments expand on these provisions, so that non-residence at the
enrolled address (even where it can be shown that the elector has
moved within the subdivision) is now a ground for objection, except
where the elector is enrolled as an Antarctic elector.

45. An
objection must not be made to an elector’s enrolment on the
ground that the elector no longer qualifies for enrolment for the
subdivision (under subsection 114(1) for private objections and
subsection 114(2) for official objections), if the objection could
be made on the ground that the person no longer lives at their
enrolled address. That is, if the elector no longer lives at
their enrolled address, as well as no longer living within their
enrolled subdivision, any objection to their enrolment must be made
on the ground that they no longer live at their enrolled
address.

46. These
items are related to items 8, 11, 14, 15, 20 and 21 (enrolment in
respect of an address), in that it is proposed that an elector will
be enrolled in a subdivision in respect of living at an address
within that subdivision, and where the elector does not live at
that address, an objection may be lodged against his or her
enrolment.

47. Items 48
and 49 are consequential amendments to section 113 of the Electoral
Act to include cross-references to the amended sections.

48. Item 50
amends section 114 to provide that a person enrolled for the same
subdivision may object to an elector’s enrolment (defined as
a ‘private objection’) on the basis that the elector no
longer lives at their enrolled address, and has not done so for the
past month.

49. Item 51
amends section 114 to provide that the Divisional Returning Officer
for the Division must object to an elector’s enrolment
(defined as an ‘official objection’) where there are
reasonable grounds for believing that the elector does not live at
their enrolled address, and has not lived at that address for a
period of one month.

50. Item 52 is
a consequential amendment to section 115 of the Electoral Act to
include cross-references to section 114 as amended.

51. Item 53
repeals subsection 115(3) of the Electoral Act which is no longer
required as it applies to objections to enrolment in a subdivision
rather than for an address.

52. Item 54
amends subsection 118(3) of the Electoral Act to limit the
subsection so that it only relates to subsections 114(1), 114(1A)
and 114(2).

53. Item 55
amends section 118 to provide that where an elector’s name
has been placed on the roll in respect of a particular address, an
objection has been lodged, and the elector does not live at the
address and has not lived at the address for at least the last
month, the Divisional Returning Officer will be required to remove
the elector’s name from the roll for that subdivision,
providing the elector is not enrolled as an Antarctic elector.

54. Antarctic
electors have been excluded as they are able to remain on the roll
at their enrolled address if they have registered with the AEC as
working in Antarctica. Therefore neither an elector, nor a
Divisional Returning Officer can object to their enrolment on the
basis that they are not living at their enrolled address.
Items 56 and 57 are consequential amendments.

Provisional voting in elections and referendums

55. Items 96
to 102 and 127 to 132 amend Schedule 3 of the Electoral Act and
Schedule 4 of the Referendum Act to provide that if an elector
casts a provisional vote at an election because the elector’s
name has been removed from the roll since the last election by
objection on the ground that he or she no longer lived at their
enrolled address (as outlined in items 25 and 27 to 35 -
Objections to enrolment), and after making enquiries the Divisional
Returning Officer is satisfied that the elector has moved within
the Division for which he or she was enrolled without re-enrolling,
the provisional vote for both the House of Representatives and the
Senate will be admitted to scrutiny. If the elector has moved
outside the Division for which he or she was enrolled, but is still
residing within the same State or Territory, the provisional vote
for the Senate only will be admitted. If the elector has
moved outside the State or Territory for which he or she was
enrolled, the provisional vote will not be admitted (that is,
neither the House of Representatives nor Senate ballot paper will
be counted).

56. If
an elector casts a provisional vote at a referendum because the
elector’s name had been removed from the roll since the last
election due to objection action on the ground that they no longer
live at his or her enrolled address (as outlined in items 25 and 27
to 35 - Objections to enrolment), and after making enquiries
the Divisional Returning Officer is satisfied that the elector has
moved either within the Division or within the State or Territory
for which he or she was enrolled without re-enrolling, the
provisional vote will be admitted to scrutiny (that is, the
referendum ballot paper will be counted).

57. In all cases the elector’s
provisional vote will not be admitted to scrutiny if there has been
a redistribution of the State or Territory that includes the
Division since the last election, or an election (excluding the
election to which the scrutiny relates) has been held since the
removal of the elector’s name from the roll.

Transitional provisions

58. Item 133
provides that where a person’s name and address were on the
roll for a subdivision immediately before the commencement of this
item, the Electoral Act will have effect after commencement of
these provisions as if the person’s name had been placed on
the roll in respect of that address. As section 4 of the
Referendum Act states that the entitlement to vote at a referendum
is the same as if the referendum were an election, the Referendum
Act will also have effect after commencement of these provisions as
if the person’s name had been placed on the roll in respect
of that address.

59. Item 133
is inserted to avoid doubt. This item does not freeze the
electoral roll at the time of commencement. The removal or
deletion of a person’s name from the roll and alteration of
the roll in accordance with the Electoral Act are not prevented by
this item.

60. Item 135
provides that any objection action under Part IX of the Electoral
Act that had begun prior to the commencement of this item shall
continue until finalised as if the amendments to Part IX had not
been made.

61. These
items provide for proof of identity and address as prescribed by
regulations to be required for all applicants for enrolment and all
electors seeking to change their names or addresses on the
roll. Applicants for particular types of enrolment status who
do not require a change to enrolled names and addresses, such as
applicants for general postal voter status, will not be required to
provide proof of identity and address. Electors whose
enrolments are amended administratively by the AEC will also not be
required to provide proof of identity and address.

62. In its
response to the JSCEM’s report on the 2001 federal election,
the Government indicated that it favoured the use of a
driver’s licence number to verify an applicant’s
identity and address when enrolling or changing enrolment
details. The driver’s licence number would be included
on the enrolment form, with the AEC checking the details from
records on State and Territory databases or from details provided
by the States and Territories.

63. Alternate
forms of acceptable identification documentation could be provided
by applicants who did not have a driver’s licence.
Where no identification documentation was available, only people in
a prescribed class would be able to provide written references
supporting an enrolment application.

64.
Regulations specifying the detail of the proof of identity
arrangements will be developed in consultation with the States and
Territories. Privacy issues will be taken into account.
Complementary State and Territory legislation may also be required
to ensure similar arrangements are in place for a consistent
approach to the electoral process across Australia. This
would also preserve the Joint Roll Agreements with the States and
Territories.

65. As the
provisions are subject to regulations being developed in
consultation with the States and Territories and possible
complementary State and Territory legislation, all items in this
Bill relating to proof of identity and address are to commence on
proclamation. This would be expected to occur once the
regulations had been made and all States and Territories were ready
to proceed with similar arrangements, including complementary
legislation where necessary.

66. Items 9
and 12 amend sections 94A and 95 of the Electoral Act to provide
for regulations to specify proof of identity and address
requirements for applicants for enrolment from overseas. Item
16 amends section 96 with similar provisions for applicants for
itinerant enrolment. The proof of identity and address
requirements for applicants from overseas and itinerant applicants
will be tailored for their specific circumstances.

67. Item 19
amends section 98 of the Electoral Act to provide for regulations
to specify proof of identity and address for applicants for
enrolment.

68. Item 42
amends section 105 of the Electoral Act to provide for regulations
to specify proof of identity and address for electors who inform a
Divisional Returning Officer in writing that they have moved
address within a Division.

69. These
amendments give effect to the Government response to
recommendation 1 of the JSCEM report on the 2001 federal
election.

70. These
items change the time when the electoral rolls close prior to an
election for the addition of new enrolments and changes to existing
enrolment details. Section 155 of the Electoral Act
provides for the rolls to close seven days after the writs for an
election have been issued.

71. The
amendments provide for the rolls to close:

·
for new enrolments - at 6.00 pm on the day the writs are
issued; and

·
for people currently, or previously, enrolled who wish to change
their enrolment details - at 8.00 pm three working days
after those writs have been issued.

72. Enrolment
applications will not be added to the rolls if received after these
times. Details can be added to the rolls after the
election.

73. The early
close of rolls will allow the AEC sufficient time to verify
applicants’ details and thereby maintain the integrity of the
roll.

74. Items 10,
13, 17 and 45 amend sections 94A, 95, 96 and 105 of the Electoral
Act, respectively. These sections deal with enrolment from
overseas, enrolment of the spouse or child of an eligible overseas
elector, enrolment of itinerant electors, and enrolment and changes
of enrolment by electors.

75. Item 37
repeals and substitutes a new subsection 102(4) of the Electoral
Act to prevent a Divisional Returning Officer from considering a
claim for ordinary enrolment when the rolls have closed.

76. Items 62
and 63 amend section 155 of the Electoral Act and items 108 and 109
amend section 9 of the Referendum Act to provide for the close of
rolls three working days after the issue of the writs. The
earlier close for new electors is specified in relevant provisions
relating to enrolment or change of enrolment as set out above.

77. Items 106
and 107 are consequential amendments to section 4 of the Referendum
Act and prevent the AEC from processing a claim for enrolment
during the period after the rolls have closed prior to a
referendum.

78. These
items commence on proclamation. Complementary State
legislation will be required to enable proclamation and
implementation of the provisions. The writs for the State
Senate elections are issued under State legislation, not the
Electoral Act. If the provisions in this Bill were to be
proclaimed before complementary amendments have been made to the
State Senate legislation, it is possible that there could be
different close of rolls dates for the House of Representatives and
Senate elections in those States. Accordingly, these
provisions will not take effect until complementary amendments have
been made to the relevant State Senate legislation. As the
writs for the Territory Senate elections are issued under the
Electoral Act, these elections would not be affected.

79. These
amendments give effect to the Government response to
recommendation 3 of the JSCEM’s report on the 1998
federal election.

Schedule 1 -
I tem 44 - Reinstatement on the Roll

80.
Subsections 105(4) and 105(5) of the Electoral Act require that an
elector who casts a provisional vote at an election or referendum
because their name does not appear on the certified list on polling
day, and who is subsequently found to be eligible to cast a vote
for the subdivision in which they voted, be reinstated to the roll
for an address in the subdivision for which they claimed a
vote. Electors must be reinstated
on the roll regardless of whether the Divisional Returning Officer
knows their current address. This can result in electors
being reinstated to addresses where they no longer live.

81.
Item 44 repeals subsection 105(4) and 105(5) of the Electoral Act
and replaces these with a new subsection 105(4).
N ew subsection 105(4) will allow a
Divisional Returning Officer to undertake a review of the
elector’s enrolment to determine whether the elector is
entitled to be enrolled for that subdivision. If the
Divisional Returning Officer can determine that the elector is
entitled to be enrolled for the subdivision, then the Divisional
Returning Officer may reinstate the elector to an address in that
subdivision.

82. This amendment gives effect to part of
the Government response to recommendation 2 of the JSCEM's inquiry
into the 2001 federal election.

83. These
items insert a new test in sections 129 and 134A of the Electoral
Act to prevent the registration of political parties, and, in
certain cases, continued registration of political parties when
their names are similar to those of registered political
parties.

84. Section
129 of the Electoral Act contains a number of tests a party’s
name must pass before the party can be registered. Item 58
will amend section 129 to require that a party cannot be registered
if its name suggests to a reasonable person a relationship or
connection with a registered political party that does not
exist.

85. Section
134A of the Electoral Act contains procedures for a registered
political party to object to the name of another, related and
similarly named, registered political party that was registered
after the objecting party when the relationship between the two
parties has ceased. Item 59 will amend paragraph 134A(1)(a)
to require that, in assessing the complaint, the Electoral
Commission will have to determine whether a reasonable person would
decide that the name of the party being objected to suggests a
connection or relationship with the objecting party that does not
in fact exist.

86. Items 60
and 61 are consequential amendments.

87. Item 134
is an application provision that will protect currently registered
political parties from the new test.

88. This is a Government-initiated
amendment.

Schedule 1 - Items 64 to 66 and
70 - Return of nomination deposit

89. Items 64
to 66 and 70 amend sections 173 and 178 of the Electoral Act to
provide that where the deposit paid by, or on behalf of, a
candidate at a House of Representatives or Senate election is to be
returned, it is returned to the person who paid it or to a person
authorised in writing by the person who paid it, rather than to the
candidate or a person authorised in writing by the candidate.
In the case of the death of a candidate who paid the deposit
himself or herself and had not authorised the return of the deposit
to another person in writing, the deposit will be returned to the
personal representative of the candidate.

90. These
amendments give effect to the Government response to
recommendation 15 of the JSCEM’s report on the 1998
federal election.

Schedule 1 - I tems 67 to 69
- Declaration of nominations

91. For a
House of Representatives election, the declaration of nominations
must be made at the place of nominations. These amendments to
subsection 176 will allow the place of declaration of nominations
for House of Representatives elections to be at a place determined
by the Australian Electoral Officer. This will be consistent
with current practice in relation to the declaration of Senate
nominations. The Australian Electoral Officer will be able to
determine a declaration place in relation to each Division for
House of Representatives elections (which may be the same place for
multiple Divisions), as well as a declaration place for the State
or Territory for Senate elections.

92. This will
enable the declaration to be held at a place other than at the
offices of Divisional Returning Officers or Australian Electoral
Officers, where space may be limited.

93.
These amendments give effect to the Government response to
recommendation 43 of the JSCEM’s report on the 1996
federal election.

Schedule 1 -
I tems 72 to 74, 76 to 77, 110 to 112, and 114 to 115 -
Sex and date of birth on the certified list

94. Item 72
amends section 208 of the Electoral Act and item 110 amends
section 22 of the Referendum Act, respectively, to include the
sex and date of birth of each elector on the certified list for
elections and referendums. These details will allow a check
on the identity of electors at the time of voting.

95. When a
presiding officer at a polling booth is not satisfied that the
elector is who he or she claims to be, these amendments will allow
the presiding officer to ask the elector questions about this
additional information on the certified list. Items 73 and
111 give effect to these amendments of the Electoral Act and the
Referendum Act.

96. Items 76,
77, 114, and 115 amend section 235 of the Electoral Act and
section 37 of the Referendum Act to create a new form of
provisional vote for circumstances in which the presiding officer
still has some doubt about the elector’s identity following
his or her answers to the presiding officer’s questions or
when the elector chooses not to answer the questions. The
legislation specifies the circumstances under which a provisional
vote may be cast.

97.
Consequential amendments to section 230 of the Electoral Act and
section 32 of the Referendum Act, respectively, at items 74 and
112, will ensure that errors or omissions on the roll relating to
the sex and date of birth of the elector do not cause the elector
to forfeit his or her vote.

98. These
amendments give effect to the Government response to
recommendation 5 of the JSCEM’s report on the integrity
of the electoral roll ( User Friendly, Not Abuser
Friendly ).

Schedule 1 -
I tems 75 and 113 - Scrutineers not to actively assist
electors who have requested an assisted vote

99. It is
currently the case that, under section 234 of the Electoral Act and
section 36 of the Referendum Act, where an elector satisfies the
presiding officer of a polling place that they suffer a disability
which precludes them from personally casting a vote (for example,
people who are physically impaired, visually impaired or
illiterate), the elector may be assisted in the casting of their
vote by a person of their choice.

100. These
amendments to section 234 of the Electoral Act and section 36 of
the Referendum Act propose to explicitly prevent scrutineers from
providing assistance to voters. Apart from scrutineers, this
amendment will not limit in any other way those who can assist the
elector in the casting of their vote. Scrutineers are unable
to relinquish their appointment as a scrutineer in order to assist
in the casting of a vote.

101. These
amendments give effect to the Government response to
recommendation 36 of the JSCEM’s report on the 1998
federal election.

102. Paragraph
235(1)(a) of the Electoral Act and paragraph 37(1)(a) of the
Referendum Act provide for an elector whose name cannot be found on
the certified list to cast a provisional vote.

103. These
items amend section 235 of the Electoral Act and section 37 of the
Referendum Act to provide for proof of identity and address, as
prescribed by regulations, to be provided by electors casting a
provisional vote when their name cannot be found on the certified
list.

104.
Recommendation 2 of the JSCEM's inquiry into the 2001 federal
election recommended that electors who cast this form of
provisional vote be required to provide proof of identity and
address before being issued with a vote. The Government
supported the recommendation and indicated that the proof of
identity and address required should be similar to that proposed
for enrolment. As the scheme for proof of identity and
address for enrolment is subject to consultation with the States
and Territories (see items 9, 12, 16, 19 and 42), a similar
requirement cannot be prescribed for provisional voting until this
process has been completed. Regulations for proof of identity
and address for provisional voting will be made following
consultation with the States and Territories.

105. As the
provisions are subject to regulations being developed in
consultation with the States and Territories and possible
complementary State and Territory legislation, all items in this
Bill relating to proof of identity and address are to commence on
proclamation.

106. In
relation to these items, the minimum amount donated by a donor, to
a political party, candidate, member of a group, or organisation
before a return is required to be lodged with the AEC is referred
to as the ‘disclosure threshold’.

107. Item 79
amends subsection 305B(1) to lift the disclosure threshold from
$1,500 to $3,000 so that where a person makes donations totalling
$3,000 or more in a financial year to the same political party, or
to the same State branch of a political party, he or she must
provide a return to the AEC. Donations totalling less than
$3,000 in a financial year to the same political party, or to the
same State branch of a political party, will not have to be
disclosed.

108. Items 80
and 81 amend subsection 305B(3A) to bring it into line with the
proposed amendments to 305B(1). That is, where the donor
receives a gift valued at $3,000 which is then used to make up
gifts donated to a political party totalling $3,000 or more in a
financial year, this must be included in the return to the AEC.

109. The
amendment to subsection 306(1), at item 82, would increase the
disclosure threshold for a political party or a person acting on
behalf of a political party for a gift received from $1,000 to
$3,000.

110. The
proposed amendments to subsections 306A(1) and 306A(2), at items 83
and 84, increase the disclosure threshold for a party,
candidate, member of a group or a person acting on behalf of a
political party, candidate or group for a loan that may be received
from a person or organisation from $1,500 to $3,000.

111. Item 86
amends subsection 314AC(1) to increase the disclosure threshold for
donations received by a party from a person or organisation from
$1,500 to $3,000.

112. The
amendment to subsection 314AE(1), at item 87, increases the
disclosable sum of all outstanding debts incurred by, or on behalf
of, a party to a person or organisation from $1,500 to $3,000.

113. These
amendments give effect to the Government response to
recommendation 45 of the JSCEM’s report on the 1998
federal election.

114. Sections
310 and 311 of the Electoral Act require publishers and
broadcasters to provide returns to the AEC with details about
electoral advertisements broadcast or published during an election
period. Returns are to include information on who requested
the advertisements, who authorised the advertisements, how often
and when they were broadcast or printed and the cost of the
advertisements. Item 85 repeals section 310 and 311 to remove
this requirement for broadcasters and publishers.

115. These
provisions place an administrative burden on publishing and
broadcasting businesses that is not required because expenditure on
electoral advertising is already disclosed by individuals and
organisations that authorise the advertisements as required under
other sections of the Electoral Act.

116. Part IX of
the Referendum Act has similar provisions in relation to
referendums. For consistency, item 118 repeals Part IX
of the Referendum Act.

117. This is a
Government-initiated amendment.

Schedule 1 - I tems 88 to 91 and
119 to 123 - Heading to electoral advertising in journals

118. Under the
Electoral Act and the Referendum Act, any article or paragraph in a
journal containing electoral matter must be labelled as an
‘advertisement’.

119. This is
due to inaccurate amendments in the Electoral and Referendum
Amendment Act 1998 . The intent of the amendments was to
broaden the requirement to label advertisements so that it included
printed matter other than newspapers. However, as the
legislation currently stands, any political commentary in any
journal must be labelled as an advertisement.

120. The items
will amend section 331 of the Electoral Act and section 124 of the
Referendum Act so that advertisements containing electoral matter
must be labelled as an ‘advertisement’, whether
inserted for consideration (meaning monetary or non-monetary
payment) or not.

121. These
amendments give effect to the Government response to
recommendation 17 of the JSCEM’s report on the 1998
federal election.

122. As part of
recommendation 1 of the inquiry into the 2001 federal election, the
JSCEM recommended that penalty levels be increased for false
enrolments and false claims by witnesses, and that a new penalty
should be introduced for false claims by applicants for enrolment,
including that they are unable to produce primary forms of
identification.

123. False
enrolment and false claims by applicants for enrolment are
currently covered by the provisions of the Criminal Code, and
attract sentences of 12 months imprisonment. However, false
claims by witnesses are covered by section 337 of the Electoral
Act, and attract a penalty of $1,000.

124. This item
increases the penalty for false claims by witnesses in section 337
to 12 months imprisonment.

125. This
amendment gives effect to the Government response to part of
recommendation 1 of the JSCEM’s report on the 2001
federal election.

Schedule 1 - I tems 93, 124 and 125 -
Multiple voting

126. Items 93
and 125 will insert new subsections to section 339 of the Electoral
Act and section 130 of the Referendum Act respectively, to add a
new offence of ‘intentional’ multiple voting.
Where a person is found guilty of intentionally voting more than
once at the same election (or referendum), the penalty will be 60
penalty units, imprisonment for 12 months, or both. This will
have the effect of disqualifying anybody convicted and under
sentence (or subject to be sentenced) under either of these
sections from being capable of sitting as a Senator or Member of
the House of Representatives by virtue of section 44 of the
Constitution.

127. These
offences are in addition to, and do not replace, the current
offences of voting more than once at the same election or
referendum, which are offences of strict liability, and which will
retain a penalty of 10 penalty units. The purpose of this is
to maintain a relatively low penalty for those convicted of perhaps
unintentional or accidental multiple voting, whereas those
convicted of intentional multiple voting may receive the penalty of
60 penalty units, 12 months imprisonment, or both.

128. To
reinforce the severity of multiple voting, each additional vote,
apart from the one legitimate vote, will be treated as a separate
offence.

129. Item 124
corrects an existing technical error in the Referendum Act by
substituting the word ‘election’ with
‘referendum’.

130. These
amendments give effect to the Government response to
recommendation 26 of the JSCEM’s report on the 2001
federal election.

Schedule 1 - I tem 94 - Writs deemed to
have been returned on the same day

131. This item
amends subsection 355(e) of the Electoral Act to require that the
40 day period for filing a petition to the Court of Disputed
Returns be counted from the date of return of the last writ.

132. There can
be up to 16 writs for Senate and House of Representatives elections
held on the same day, and the date of return of these writs is
dependent on the date of the declaration of the poll for the
various elections. Writs are regularly returned on different
dates, resulting in different closing dates for petitions to the
Court of Disputed Returns.

133. This
amendment will ensure a standard closing date for petitions to the
Court of Disputed Returns.

134. This is a
Government-initiated amendment in response to the JSCEM’s
report on the 2001 federal election.

135. Items 10,
11 and 12 of Schedule 1 to the Electoral and Referendum
Amendment Act (No. 1) 1999 amended the Electoral Act to
introduce a new scheme for witnessing enrolments and verifying
proof of identity for new enrolments, as set out in
regulations.

136. These
items were never proclaimed as regulations to give effect to the
scheme were disallowed by the Senate in 2002. The items have
now been superseded by the proof of identity and address at
enrolment proposal contained in this Bill. Item 103 repeals
items 10, 11 and 12 of Schedule 1 to the Electoral and
Referendum Amendment Act (No. 1) 1999 .

138. Items 104 and 105 make technical
amendments to items 764 and 765 of Schedule 1 to the Public
Employment (Consequential and Transitional) Amendment Act 1999
which came into effect on 5 December 1999. Items 764 and 765
amended the definition of “authorized witness” in
section 3 of the Referendum Act . However, the amendments contained in the
Public Employment (Consequential and Transitional) Act 1999
incorrectly spelt “authori s ed” with an
“s” rather than as “authori z ed” with
a “z” as it is spelt in the Referendum Act.
Therefore, the amendments were not technically correct.

139. The amendments do not amend either
the Electoral Act or the
Referendum Act. T hey amend the
Public Employment (Consequential and Transitional) Amendment Act
1999 .

141. Item 117
amends section 62 of the Referendum Act to require Divisional
Returning Officers to delete all details from a
‘silent’ elector’s postal vote application,
except the person’s name, before making them available for
public inspection. This will ensure consistency between the
Electoral Act and the Referendum Act in relation to the information
that is to be deleted from the postal vote applications of
‘silent’ electors prior to public inspection.

143. These
items deal with the application of the proposed amendments to
subsections 305B(1), 305B(3A), 314AC(1) and 314AE(1) of the
Electoral Act, so that the amendments apply to the financial year
in which the items commence, as well as to all subsequent financial
years. Although this application may be retrospective in some
circumstances, no detrimental effect is anticipated as the
amendments will simplify disclosure requirements. If
individuals and parties have been maintaining appropriate records
in line with current requirements, no additional information will
need to be gathered.

144. These
amendments give effect to the Government response to
recommendation 45 of the JSCEM’s report on the 1998
federal election.